Lemoge v. US, No. 08-56210

In a Federal Tort Claims Act action against the U.S. based on injuries suffered by plaintiff at a military facility, dismissal of the action as untimely is reversed where the district court did not address whether plaintiff acted in good faith in failing to serve the complaint in a timely fashion.

Read Lemoge v. US, No. 08-56210

Appellate Information

Argued and Submitted November 4, 2009

Filed December 7, 2009

Judges

Opinion by Judge Gould

Counsel

For Appellants:

David W. Baumgarten, Yale & Baumgarten, LLP, San Diego, CA

For Appellee:

Melanie A. Andrews, Special Assistant United States Attorney, San Diego, CA